Workers’ Rights, Employer Duties, and Strike Regulations
Worker Duties
Duty of Good Faith and Diligence
Contracts rely on the good faith of both parties, avoiding unfair advantage or misleading. This includes acting efficiently for satisfactory work results. Good faith also involves improving productivity, upholding health and safety, complying with employer orders and agreements. Breaching this duty justifies disciplinary dismissal without compensation.
Covenant Not to Compete and Stay with the Company
The duty not to compete during employment is legally established, preventing employees from competing individually outside work hours. Full dedication with specific terms and compensation can be agreed upon. Workers can break this pact with 30 days’ notice, forfeiting associated remuneration and rights. A non-compete agreement can be made upon contract expiry if the employer seeks to prevent competition, with fair compensation for the worker. If a worker receives specialized training, the company can agree on a maximum 2-year stay, in writing. Leaving earlier entitles the employer to compensation.
Employer Rights and Powers
Power of Direction
Employers have the power to organize work, including giving instructions, setting rules, changing conditions unilaterally (in some cases), supervising activities, and monitoring claimed illnesses, while respecting dignity, privacy, and equality. Workers must obey orders but can complain appropriately, except for vexatious or immediately dangerous orders, or those violating safety and health standards. Refusal must be justified to avoid disciplinary dismissal.
Disciplinary Power
Employers can punish worker misconduct. Violations and penalties are outlined in labor standards and applied fairly. Serious misconduct must be communicated in writing to the employee and worker representatives. Disagreements can be taken to court. Prohibited sanctions include reducing vacation time, pay deductions, and reducing benefits. Examples of sanctions include reprimands (verbal/written), unpaid suspension, seniority loss, and disciplinary dismissal. Sanctions must be applied before the infraction’s statute of limitations expires.
Other Employer Rights
- Right to require worker compliance with job obligations in good faith and diligence.
- Right to require worker compliance with safety and occupational hygiene rules.
Employer Duties
Duty to Protect the Worker
Workers have the right to safe work, and employers must ensure it. This includes risk assessment, health surveillance, documentation, and worker information.
Duty to Inform Worker Representatives
Employers must inform worker representatives about company status, contracts, sanctions, labor statistics, and risk prevention/health information.
Duty to Provide Effective Occupation
Mobbing is a violation of this duty. Affected workers can terminate their contract or demand compensation equivalent to unfair dismissal. Workers idled through no fault of their own retain their right to wages.
The Right to Strike
The constitution recognizes workers’ right to strike to defend their interests. This involves ceasing work to demand economic or work condition improvements, with certain limitations. Political strikes, sympathy strikes, and strikes aiming to change collective agreements during their term are illegal.
Strike Stages
- Declaration and Communication: Workers’ representatives must notify the employer and labor authorities five days prior, in writing.
- Strike Committee: A committee of up to 12 individuals is chosen from the affected workers.
- Publicity: Workers have the right to publicize the strike.
- Termination: Termination can occur through worker withdrawal, agreement between parties, or binding arbitration initiated by the government.
Consequences of a Strike
Legal Strike: Suspends the work contract, not terminates it. No work is provided, no salary is paid. No social security contributions are made during the strike, but special high contributions apply.
Illegal Strike: No salary is paid. The employer can halt social security payments and terminate the contract for disciplinary reasons.